Key Findings:
When you’re ready to begin a real estate transaction, the first step in finding the right attorney is to do your research. You can start by asking friends, family members, neighbors, or colleagues for recommendations or getting a referral from your real estate agent.
Now that you have a list of potential candidates, your next step is to set up one-on-one consultations to interview each lawyer in person or on the phone. During your conversation, focus on the following factors:
When it comes to finding a lawyer who is right for you, it can be challenging to narrow down your options. If you’re looking to buy or sell property in the future, contact Avenue Law Firm today. Our experienced, award-winning real estate lawyers provide comprehensive, compassionate, and dedicated legal representation to clients throughout New York.
On the other extreme, don’t pick a chop-shop closing lawyer who takes a cookie cutter approach to your transaction and/or is too overloaded to be responsive. If you don’t already know a good closing attorney, ask for referrals from people you know, but be skeptical about referrals from brokers involved in your transaction.
Once a seller has accepted your offer, you will need a real estate attorney to prepare and negotiate the details of the contract. But don’t wait until then to figure out which attorney you plan to work with. There will be a lot of quickly moving pieces and heightened emotions--and you don’t want to rush this.
In these two circumstances, although you have a legal right to choose an agent to represent you, you may have to pay them yourself. New York City has around 15,000 licensed real estate agents, but the bar to entry is pretty low, so a license alone is no testament to skill, commitment, or experience.
Buyers do not have to pick one real estate broker with whom to work exclusively, nor must they work with one at all. Some choose to fly solo and deal directly with the seller's broker because they believe it gives them an edge in a competitive bidding situation.
If you sign in to an open house without a broker, and want to make an offer on the apartment, you usually have the right to bring in your own broker at any time up until an offer is submitted, no matter what the seller’s broker (who now has to split the commission) tells you.
We can employ tactics in our search to increase the odds that the person we choose will be a winner. For seeking an attorney, here are the steps to take: 1 Review your contact list for people whose work or interests would put them in contact with attorneys. A real estate person, title company employee, mortgage banker, businessperson, court reporter; to name a few. If necessary, walk into a title company or a real estate office and ask if anyone knows a good lawyer. 2 When you have a list of three attorneys, call them on the phone or email them. Prepare in advance a one page “white paper” that briefly describes your situation. The first question is: “I need legal advice and looking for a lawyer who has successful real estate experience. Do you do that kind of work?” If the answer is “yes,” the second question is: “Great, I have a description of the situation and some questions to ask, can I email them to you?” Email is the best, because they have time to see your circumstances and consider the questions, and you will have their answers in writing.
While that comment is no guarantee it will go smoothly for you, it is a better indicator than being a nice person. It is hard to know if a referral originates for remuneration, in ignorance or as the path of least resistance.
Commercial transactions are too large and expensive to be handled only by a real estate agent. In cases of residential transactions, a buyer or seller always has the option to hire legal representation. If you have never purchased a home, or feel uncomfortable with the process, it may be best to hire a lawyer for help.
A real estate attorney is equipped to prepare and review documents relating to real estate such as purchase agreements, mortgage documents, title documents, and transfer documents. A real estate attorney hired to handle a transaction will always attend the closing with the buyer.
It depends. Depending on your state’s laws, you may not be required to have an attorney at the closing. However, you can choose to have an attorney review your documents before closing.
Most real estate purchasers don’t expect to pay for closing costs on an hourly rate, rather they can expect a standard fee that varies from $150-1,800, with the average being in the $500-750 range.
Our firm and most other local real estate attorneys charge approximately the same amount as title companies. We have even seen some title companies charge more than our typical closing fees. But, hiring an attorney can actually save you money because of the many legal issues that arise during the transaction.
Even if you’re buying a home with cash, the one-time closing costs, or fees you’ll have to pay during the closing process, can be as much as 3% of the purchase price, according to Lee Dworshak, a Realtor with Keller Williams LA Harbor Realty.
Except for a few states where you are required to hire a real estate attorney to do your closing, you do not have to hire an agent or attorney to help you. … Or you might take care of most of the selling tasks yourself, and hire an attorney to help with the negotiations and closing paperwork.
Many agents and brokers are known as Realtors, which means they are members of the National Association of Realtors (NAR).
If you have a cluttered house, you will need to clean it up before it goes on the market . Take time to clear out boxes you haven’t touched in decades, old furniture you won’t bring to your new home and items that are just taking up space. If you’re buying: Get pre-approved.
7. Commitment and Contracts. When you hire a listing agent, you’ll need to sign a listing agreement that typically lasts two to six months.
If you have discussions with a listing agent several months to a year before you want to sell, you can budget and plan for repairs that will pay for themselves and allow you to get the best price possible. Get your house in order. If you have a cluttered house, you will need to clean it up before it goes on the market.
If your listed price is too high, you’ll likely get little interest and no serious bids. Prospective buyers notice when a sale price continually drops as the house lingers on the market for weeks or months. They often assume something is wrong with it and are more likely to avoid it or undercut your price even more.
If you follow the process, you’re less likely to get roped into hiring a family member’s friend who works in real estate as a side gig. Real estate agents are licensed by the state, and need to pass a licensing exam after taking a minimum amount of coursework.
If you’re financially underwater and contemplating a short sale or foreclosure, a real estate attorney (along with your agent) is one of the experts authorized to negotiate with your lender on your behalf.
Whether you’re selling property that you own with a spouse or one that you’ve shared with siblings, a sale with multiple owners can dissolve into chaos if there’s no agreement in place (such as a joint tenancy or living trust). While a real estate agent is a neutral party in this situation, an attorney can ensure there are no conflicts of interest — or be prepared to go to court in a partition action if necessary.
While a real estate agent is a neutral party in this situation , an attorney can ensure there are no conflicts of interest — or be prepared to go to court in a partition action if necessary. Sometimes even a sale with one owner can turn adversarial, though.